Estate plan requirements
Nevada
Everything your estate plan needs to be valid in Nevada: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Requirements at a glance
| Document | Witnesses | Notary |
|---|---|---|
| Will | 2 required | Recommended |
| Living trust | None required | Recommended |
| Power of attorney | None required | Required |
| Healthcare directive | 2 required, or notary | Alternative to witnesses |
- Community property:
- Yes
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Nevada content last reviewed May 18, 2026.
Will
Nev. Rev. Stat. §133.020 et seq.
Witnesses: 2 required
Two competent witnesses must sign in the presence of the testator
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in Nevada
Self-proving affidavit: Available
Nevada's self-proving instrument is made by the attesting witnesses, not by the testator. Under Nev. Rev. Stat. §133.050(1) any attesting witness may sign a declaration under penalty of perjury or an affidavit before an officer authorized to administer oaths, stating the facts the witness would have to testify to in court, and the sworn statement must be accepted by the court as if taken before it. The §133.050(2) form has two affiant lines and no testator line; the generated will follows the notarized affidavit route.
ViewSelf-proving affidavit wording
ViewWitness disqualification / interested-witness rule
Living Trust
Nev. Rev. Stat. §123.220 et seq.
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
ViewCommunity property article
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
ViewWarning notice for the principal
Advance Health-Care Directive
Nev. Rev. Stat. §162A.855 (the Advance Health-Care Directive form, added 2023; §162A.715 defines an advance health-care directive to mean a power of attorney for health care), §162A.790 (execution and witness rules) and §§449A.400 to 449A.481 (Nevada's living will / end-of-life decisions component; §449A.433 contemplates the combined healthcare-POA / living-will form)
Witnesses: 2 required, or notary
Nevada accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Acknowledged before a notary public. Nev. Rev. Stat. §162A.790
State-specific notes
ViewWitness disqualification recital
6 more documents with a subscription
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. paid
| Free | Paid | |
|---|---|---|
| All 4 state-specific documents | Included in free | Included in paid tier |
| State-specific signing guide | Included in free | Included in paid tier |
| Download as PDF, print forever | Included in free | Included in paid tier |
| Secure online storage | Not in free | Included in paid tier |
| Covers real estate, business, digital, and funeral wishes | Not in free | Included in paid tier |
| Disposition of remains authorization | Not in free | Included in paid tier |
| Standalone HIPAA authorization | Not in free | Included in paid tier |
| Nomination of conservator | Not in free | Included in paid tier |
| Business succession declaration | Not in free | Included in paid tier |
| Real-estate retitling checklist | Not in free | Included in paid tier |
| Special needs trust provisions | Not in free | Included in paid tier |
| Letter of instruction, pre-filled and editable | Not in free | Included in paid tier |
| Edit anytime | Not in free | Included in paid tier |
| Annual review reminder | Not in free | Included in paid tier |
Community property
Nevada is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.
Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.
Electronic will status
Nevada has adopted electronic will legislation (2001). You may be able to create, sign, and witness a will electronically using approved methods.
Digital assets access
Nevada has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Nevada authorized RON in 2017.
Will
Allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
Nevada allows remote online witnessing for all estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Nev. Rev. Stat. §133.088(1)(a) deems a person to be in the presence of another, for purposes of the whole title, where the two are in different physical locations but can communicate by audio-video communication. The section sits under chapter 133's EXECUTION heading alongside Nev. Rev. Stat. §133.040, which requires two competent witnesses to subscribe their names to the will in the presence of the testator. Nevada has no counterparts provision for a paper will, so each witness must still subscribe the same physical document.
Will
Allowed
Trust
Allowed
POA
Allowed
HC Directive
Allowed
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Nevada for guidance specific to your situation.